Hankook Tire America Corp., Receipt of Petition for Decision of Inconsequential Noncompliance, 15546-15547 [2021-05920]

Download as PDF 15546 Federal Register / Vol. 86, No. 54 / Tuesday, March 23, 2021 / Notices in the FMCSRs for interstate CMV drivers (80 FR 12248, 80 FR 29152, 82 FR 15277, 84 FR 21401): Bradley J. Compton (ID) The driver was included in docket number FMCSA–2014–0302. The exemption is applicable as of April 7, 2021, and will expire on April 7, 2023. As of April 11, 2021, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following two individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (76 FR 9856, 76 FR 20076, 78 FR 16762, 80 FR 15863, 82 FR 13187, 82 FR 15277, 82 FR 23712, 84 FR 21401): Wesley M. Creamer (NM); and Wade C. Uhlir (MN) The drivers were included in docket numbers FMCSA–2011–0010, and FMCSA–2016–0213. Their exemptions are applicable as of April 11, 2021, and will expire on April 11, 2023. As of April 18, 2021, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following individual has satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (80 FR 14223, 80 FR 33011, 84 FR 21401): Jaroslav Cigler (IN) The driver was included in docket number FMCSA–2014–0304. The exemption is applicable as of April 18, 2021, and will expire on April 18, 2023. As of April 20, 2021, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following individual has satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (84 FR 10389; 84 FR 21393): Keith A. Larson (MA) The driver was included in docket number FMCSA–2019–0005. The exemption is applicable as of April 20, 2021, and will expire on April 20, 2023. As of April 21, 2021, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following individual has satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (65 FR 66286, 66 FR 13825, 68 FR 10300, 70 FR 7546, 72 FR 7111, 76 FR 17483, 78 FR 18667, 80 FR 16500, 82 FR 15277, 84 FR 21401): James R. Rieck (CA) The driver was included in docket number FMCSA–2000–7918. The exemption is applicable as of April 21, 2021, and will expire on April 21, 2023. VerDate Sep<11>2014 17:45 Mar 22, 2021 Jkt 253001 As of April 30, 2021, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following individual has satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (84 FR 11859, 84 FR 27685): each exemption will be valid for two years unless revoked earlier by FMCSA. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2021–05968 Filed 3–22–21; 8:45 am] BILLING CODE 4910–EX–P Clay A. Applegarth (ND) DEPARTMENT OF TRANSPORTATION The driver was included in docket number FMCSA–2019–0006. The exemption is applicable as of April 30, 2021, and will expire on April 30, 2023. National Highway Traffic Safety Administration V. Conditions and Requirements Hankook Tire America Corp., Receipt of Petition for Decision of Inconsequential Noncompliance The exemptions are extended subject to the following conditions: (1) Each driver must undergo an annual physical examination (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirements in 49 CFR 391.41(b)(10), and (b) by a certified medical examiner (ME), as defined by § 390.5, who attests that the driver is otherwise physically qualified under § 391.41; (2) each driver must provide a copy of the ophthalmologist’s or optometrist’s report to the ME at the time of the annual medical examination; and (3) each driver must provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file or keep a copy of his/her driver’s qualification if he/her is self-employed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b). VI. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VI. Conclusion Based upon its evaluation of the 68 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the vision requirement in § 391.41(b)(10), subject to the requirements cited above. In accordance with 49 U.S.C. 31136(e) and 31315(b), PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 [Docket No. NHTSA–2020–0035; Notice 1] National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Hankook Tire America Corp. (Hankook) has determined that certain Hankook Ventus S1 Noble2 passenger car tires do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles, and part 574, Tire Identification and Recordkeeping. Hankook filed a noncompliance report dated April 23, 2020. Hankook subsequently petitioned NHTSA on May 19, 2020, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces receipt of Hankook’s petition. DATES: Send comments on or before April 22, 2021. ADDRESSES: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited in the title of this notice and submitted by any of the following methods: • Mail: Send comments by mail addressed to the U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver comments by hand to the U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except for Federal holidays. • Electronically: Submit comments electronically by logging onto the Federal Docket Management System (FDMS) website at https:// SUMMARY: E:\FR\FM\23MRN1.SGM 23MRN1 Federal Register / Vol. 86, No. 54 / Tuesday, March 23, 2021 / Notices www.regulations.gov/. Follow the online instructions for submitting comments. • Comments may also be faxed to (202) 493–2251. Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that comments you have submitted by mail were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. All comments and supporting materials received before the close of business on the closing date indicated above will be filed in the docket and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the fullest extent possible. When the petition is granted or denied, notice of the decision will also be published in the Federal Register pursuant to the authority indicated at the end of this notice. All comments, background documentation, and supporting materials submitted to the docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the internet at https:// www.regulations.gov by following the online instructions for accessing the docket. The docket ID number for this petition is shown in the heading of this notice. DOT’s complete Privacy Act Statement is available for review in a Federal Register notice published on April 11, 2000 (65 FR 19477–78). SUPPLEMENTARY INFORMATION: I. Overview: Hankook has determined that certain Hankook Ventus S1 Noble2 size 235/40R18W XL H452 tires do not fully comply with the requirements of paragraph S5.5.1(b) of FMVSS No. 139, New Pneumatic Radial Tires for Light Vehicles (49 CFR 571.139) and with the labeling requirements of Part 574.5(a) of part 574, Tire Identification and Recordkeeping (49 CFR 574). Hankook filed a noncompliance report dated April 23, 2020, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Hankook subsequently petitioned NHTSA on May 19, 2020, for an exemption from the notification and remedy requirements of 49 U.S.C. chapter 301 on the basis that VerDate Sep<11>2014 17:45 Mar 22, 2021 Jkt 253001 this noncompliance is inconsequential as it relates to motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or Noncompliance. This notice of receipt of Hankook’s petition is published under 49 U.S.C. 30118 and 30120 and does not represent any Agency decision or other exercise of judgment concerning the merits of the petition. II. Tires Involved: Approximately 109 Hankook Ventus S1 Noble2 size 235/ 40R18W XL H452 passenger car tires manufactured on August 17, 2019, and August 18, 2019, are potentially involved. III. Noncompliance: Hankook explains that the noncompliance is due to a mold error in which the subject tires contain a tire identification number (TIN) with an inverted serial week and year (date code) as required by part 574.5(a) and paragraph S5.5.1(b) of FMVSS No. 139. Specifically, the date code portion of the TIN was printed upside down. IV. Rule Requirements: Paragraph S5.5.1(b) of FMVSS No. 139, includes the requirements relevant to this petition: • For tires manufactured on or after September 1, 2009, each tire must be labeled with the tire identification number required by 49 CFR part 574 on the intended outboard sidewall of the tire. • Except for retreaded tires, if a tire does not have an intended outboard sidewall, the tire must be labeled with the tire identification number required by 49 CFR part 574 on one sidewall and with either the tire identification number or a partial tire identification number, containing all characters in the tire identification number except for the date code and, at the discretion of the manufacturer, any optional code, on the other sidewall. V. Summary of Hankook’s Petition: The following views and arguments presented in this section, ‘‘V. Summary of Hankook’s Petition,’’ are the views and arguments provided by Hankook. They have not been evaluated by the Agency and do not reflect the views of the Agency. Hankook described the subject noncompliance and contended that the noncompliance is inconsequential as it relates to motor vehicle safety. In support of its petition, Hankook submitted the following reasoning: 1. The relevant information remains readily identifiable, 2. the Agency has granted a similar petition in the past (See 81 FR 43708 (Jul. 5, 2016)), PO 00000 Frm 00096 Fmt 4703 Sfmt 9990 15547 3. the subject tires otherwise meet the marking and performance requirements of FMVSS No. 139, and 4. Hankook is not aware of any consumer complaints, claims, or incidents related to the subject noncompliance. Hankook’s complete petition and all supporting documents are available by logging onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov and by following the online search instructions to locate the docket number as listed in the title of this notice. Hankook concluded by again contending that the subject noncompliance is inconsequential as it relates to motor vehicle safety, and that its petition to be exempted from providing notification of the noncompliance, as required by 49 U.S.C. 30118, and a remedy for the noncompliance, as required by 49 U.S.C. 30120, should be granted. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, any decision on this petition only applies to the subject tires that Hankook no longer controlled at the time it determined that the noncompliance existed. However, any decision on this petition does not relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant tires under their control after Hankook notified them that the subject noncompliance existed. Authority: 49 U.S.C. 30118, 30120: Delegations of authority at 49 CFR 1.95 and 501.8. Otto G. Matheke III, Director, Office of Vehicle Safety Compliance. [FR Doc. 2021–05920 Filed 3–22–21; 8:45 am] BILLING CODE 4910–59–P E:\FR\FM\23MRN1.SGM 23MRN1

Agencies

[Federal Register Volume 86, Number 54 (Tuesday, March 23, 2021)]
[Notices]
[Pages 15546-15547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05920]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0035; Notice 1]


Hankook Tire America Corp., Receipt of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petition.

-----------------------------------------------------------------------

SUMMARY: Hankook Tire America Corp. (Hankook) has determined that 
certain Hankook Ventus S1 Noble2 passenger car tires do not fully 
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New 
Pneumatic Radial Tires for Light Vehicles, and part 574, Tire 
Identification and Recordkeeping. Hankook filed a noncompliance report 
dated April 23, 2020. Hankook subsequently petitioned NHTSA on May 19, 
2020, for a decision that the subject noncompliance is inconsequential 
as it relates to motor vehicle safety. This notice announces receipt of 
Hankook's petition.

DATES: Send comments on or before April 22, 2021.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.
     Hand Delivery: Deliver comments by hand to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. 
except for Federal holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://

[[Page 15547]]

www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
https://www.regulations.gov by following the online instructions for 
accessing the docket. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:
    I. Overview: Hankook has determined that certain Hankook Ventus S1 
Noble2 size 235/40R18W XL H452 tires do not fully comply with the 
requirements of paragraph S5.5.1(b) of FMVSS No. 139, New Pneumatic 
Radial Tires for Light Vehicles (49 CFR 571.139) and with the labeling 
requirements of Part 574.5(a) of part 574, Tire Identification and 
Recordkeeping (49 CFR 574). Hankook filed a noncompliance report dated 
April 23, 2020, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. Hankook subsequently petitioned NHTSA on 
May 19, 2020, for an exemption from the notification and remedy 
requirements of 49 U.S.C. chapter 301 on the basis that this 
noncompliance is inconsequential as it relates to motor vehicle safety, 
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, 
Exemption for Inconsequential Defect or Noncompliance.
    This notice of receipt of Hankook's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any Agency decision or 
other exercise of judgment concerning the merits of the petition.
    II. Tires Involved: Approximately 109 Hankook Ventus S1 Noble2 size 
235/40R18W XL H452 passenger car tires manufactured on August 17, 2019, 
and August 18, 2019, are potentially involved.
    III. Noncompliance: Hankook explains that the noncompliance is due 
to a mold error in which the subject tires contain a tire 
identification number (TIN) with an inverted serial week and year (date 
code) as required by part 574.5(a) and paragraph S5.5.1(b) of FMVSS No. 
139. Specifically, the date code portion of the TIN was printed upside 
down.
    IV. Rule Requirements: Paragraph S5.5.1(b) of FMVSS No. 139, 
includes the requirements relevant to this petition:
     For tires manufactured on or after September 1, 2009, each 
tire must be labeled with the tire identification number required by 49 
CFR part 574 on the intended outboard sidewall of the tire.
     Except for retreaded tires, if a tire does not have an 
intended outboard sidewall, the tire must be labeled with the tire 
identification number required by 49 CFR part 574 on one sidewall and 
with either the tire identification number or a partial tire 
identification number, containing all characters in the tire 
identification number except for the date code and, at the discretion 
of the manufacturer, any optional code, on the other sidewall.
    V. Summary of Hankook's Petition: The following views and arguments 
presented in this section, ``V. Summary of Hankook's Petition,'' are 
the views and arguments provided by Hankook. They have not been 
evaluated by the Agency and do not reflect the views of the Agency. 
Hankook described the subject noncompliance and contended that the 
noncompliance is inconsequential as it relates to motor vehicle safety.
    In support of its petition, Hankook submitted the following 
reasoning:
    1. The relevant information remains readily identifiable,
    2. the Agency has granted a similar petition in the past (See 81 FR 
43708 (Jul. 5, 2016)),
    3. the subject tires otherwise meet the marking and performance 
requirements of FMVSS No. 139, and
    4. Hankook is not aware of any consumer complaints, claims, or 
incidents related to the subject noncompliance.
    Hankook's complete petition and all supporting documents are 
available by logging onto the Federal Docket Management System (FDMS) 
website at https://www.regulations.gov and by following the online 
search instructions to locate the docket number as listed in the title 
of this notice.
    Hankook concluded by again contending that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and that its petition to be exempted from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, any decision on 
this petition only applies to the subject tires that Hankook no longer 
controlled at the time it determined that the noncompliance existed. 
However, any decision on this petition does not relieve vehicle 
distributors and dealers of the prohibitions on the sale, offer for 
sale, or introduction or delivery for introduction into interstate 
commerce of the noncompliant tires under their control after Hankook 
notified them that the subject noncompliance existed.

    Authority: 49 U.S.C. 30118, 30120: Delegations of authority at 
49 CFR 1.95 and 501.8.

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2021-05920 Filed 3-22-21; 8:45 am]
BILLING CODE 4910-59-P